DOJ-OGR-00007433.jpg

Case 1:20-cr-00330-PAE Document 493 Filed 11/22/21 Page3of6 Page 3 225, and the broker-dealer had pleaded guilty to manipulate the share price “rather than to execute the private placement, id. at 231. But that was “not conclusive”: “[t]he key question . . . is whether the losses suffered by the private placement victims were ‘directly and proximately’ caused by the conspiracy to manipulate the public share price.” /d. (quoting 18 U.S.C. § 3663A(a)(2)); see id. at 234 (reversing because the record lacked adequate evidence of proximate causation); see also, e.g., United States v. Oladimeji, 463 F.3d 152, 159 (2d Cir. 2006) (affirming restitution for losses caused by fraudulent use of credit cards where defendant was convicted of possession of the cards with intent to defraud). Under these principles, Minor Victim-3 is a victim of the Mann Act conspiracies. Those conspiracies operated through a pattern of recruiting minor girls, grooming them, asking them to massage Epstein, and then sexualizing the massages, from 1994 to 2004, across Epstein and the defendant’s various properties. (See 11/05/21 Gov’t Letter at 5-6, 9). It was reasonably foreseeable to the defendant that she and Epstein’s efforts to recruit the girls to whom Epstein was sexually attracted would include recruiting a seventeen-year-old—Minor Victim-3—1in the course of that conspiracy. And but for that recruitment, Minor Victim-3 would not have been harmed. See United Sates v. Ray, 337 F.R.D. 561, 570 (S.D.N.Y. 2020) (“The definition of victim under the CVRA is expansive. It is not limited to those, such as Jane Doe-1 and Jane Doe-2 who allegedly were victims of physical abuse.”); cf, e.g., United States v. Battista, 575 F.3d 226, 231 (2d Cir. 2009) (“Although Battista did not defraud the NBA directly, we conclude that the district court properly characterized the NBA as a ‘victim’ . . . because the NBA was harmed by the conduct committed during the course of the conspiracy to transmit wagering information.”). Consider, for instance, a robbery crew that conspired to commit Hobbs Act robberies. Ifthe crew robbed a business that was not engaged in interstate commerce, the elements of the offense could DOJ-OGR-00007433